FEDERAL COURT BARS EMPLOYERS FROM MAKING ISSUE
OF IMMIGRATION STATUS IN DISCRIMINATION LAWSUITS

MINNEAPOLIS - The U.S. Equal Employment Opportunity Commission (EEOC) announced
today that the federal district court here has held that employers cannot make an issue of immigration
status in employment discrimination lawsuits and that the EEOC is not required to comply with the
rules applicable to private parties when the agency sues on behalf of a class of victims of
discrimination.

In its lawsuit, EEOC v. KCD Construction, Inc., D. Minn. No. 05-2122, the EEOC alleges that KCD Construction subjected Hispanic employees to harassment on the basis of their national origin.
The harassment included, according to the EEOC, use of derogatory names and comments as well as
physically striking Hispanic employees with tools and spitting on them. In defending the case, KCD
Construction has argued that EEOC must comply with the same complex requirements applicable to
class actions brought by private parties, and that KCD Construction is free to inquire into the
immigration and citizenship status of the victims. Both positions have now been rejected by the court,
the most recent decision coming earlier this week.

John Hendrickson, regional attorney for EEOC's Chicago District, which includes Minnesota,
said, "The court's rulings on these important issues were not unanticipated, because they follow well-
established existing law. These principles are absolutely critical to our ability to enforce federal law
through class litigation and, at the same time, to protect the victims of discrimination from
intimidation. That is to say, they are truly essential to the EEOC's pursuit of the public interest."

U.S. District Court Judge David S. Doty, in a decision issued Monday, rejected KCD
Construction's argument that the EEOC must satisfy Rule 23 of the Federal Rules of Civil Procedure
in order to maintain a class action lawsuit. The court found the EEOC is not subject to the rule because
the agency seeks monetary relief in addition to injunctive relief.

The district court, citing U.S. Supreme Court precedent, focused on the role of the EEOC
in vindicating the public interest "albeit at the behest of and for the benefit of specific
individuals."

Tina Burnside, senior trial attorney in the EEOC's Minneapolis office, and lead counsel
on the case, said: "The court's decision is important because it clearly states that the EEOC has
the authority to bring a class action lawsuit without satisfying Rule 23 requirements regardless of
whether it is seeking injunctive relief or compensatory and punitive damages."

The court earlier granted the EEOC's motion for a protective order prohibiting KCD
Construction from seeking discovery regarding the Hispanic employees' citizenship, immigration
and work permit status. In an Order issued February 28, 2006, U.S. Magistrate Judge Susan
Richard Nelson ruled that discovery into the citizenship or legal status of the victims would not
be permitted.

"We are pleased with the court's order because Title VII's protections against
discrimination apply to all employees whether they are documented or undocumented," Burnside
said. "Employers cannot discriminate against employees, and then threaten them by seeking
information about their immigration status when they complain."

The EEOC is the federal government agency that enforces the nation's laws prohibiting
discrimination in employment based on race, color, sex (including sexual harassment, pregnancy
and wage bias), religion, national origin, age, disability, and retaliation. Further information
about the Commission is available on its web site at www.eeoc.gov.